As Virginia traffic lawyers, we are often asked by clients and prospective clients whether it is best to plead guilty or no contest to a traffic offense such as reckless driving, driving under the influence (DUI/DWI) or speeding. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. That means you wont have a criminal charge on your record, and jail time is off the table, though you will likely receive a fine. In this circumstance, the nature of your charge is the same, but the procedure in the United States District Court for the Eastern District of Virginia is slightly different. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. Cody Adam Preugschat, 34, pleaded guilty Thursday in Douglas County Superior Court to reckless driving and making a false or misleading statement to a police officer. Were you or a family member charged with reckless driving in Virginia? When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. Yes. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. Fines: Class 1 misdemeanors carry a fine of up to $2,500. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Andrew Lindsey; . In general, first-time offenders can expect a fine, points on their license, and possibly jail time. 46.2-868. Reckless driving; penalties - Virginia Contact the office today for a consultation with our Criminal Defense Attorneys regarding your reckless driving charge to learn how we can help you in courts across Northern Virginia. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you to remain free until your case is decided. 29 S Mallory St, Suite 206 305 Harrison Street SE Third Floor Leesburg, Virginia 20175, 113 S. Kent Street Suite 201 Winchester, Virginia 22601, 9300 Grant Avenue Suite 101 Manassas, Virginia 20110-5069, 201 International Circle Suite 230 Hunt Valley, Maryland 21030, 10505 Judicial Drive Suite 206 Fairfax, Virginia 22030, 136 Professional Circle Williamsburg, Virginia 23185. This means that if you drive anywhere in Virginia while suspended you may be charged with the additional crime of driving on a suspended license, which is a misdemeanor crime punishable by jail time and extensive fines. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. Reckless Driving | Salt Lake City, Ogden, Provo | Defense Attorney Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. However, you should still speak with an attorney to double check this information. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. Reckless Driving is a pretty serious charge. That is part of the reason why it is so important to contact a skilled reckless driving attorney as soon as possible after you are charged with reckless driving. First, depending on your district, you should commit to performing community service before your trial date. Top Questions to Ask a Virginia Reckless Driving Attorney. Keep in mind that you can be arrested even if you sign the ticket if the officer has other reasons to believe that you will not attend your court hearing. Reckless Driving Lawyer In Virginia Beach | Reckless Driving Defense Reckless driving is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . . If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. If the date is further out, then it is likely your actual trial date. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. Holcomb Law, P.C. When you plead guilty, you are agreeing to a criminal recordfor life. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. No. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. The Notice of Appeal form will list a date . As you can no doubt see, it this is not a decision to be made lightly. . If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. there are a few things youll want to do before your trial date, 6 Strategies to Help You Fight a Reckless Driving Ticket in Virginia, How to Avoid Reckless Driving Charges in Virginia, How to Reduce a Reckless Driving Ticket in Virginia, Virginia Traffic Tickets and Moving Violations, Reckless Driving and Improper Driving Virginia Code 46.2-852 through 46.2-869, How to Legally Use Farm Use License Plates in Virginia, Virginias Implied Consent Law: A Quick Guide. Guilty is a little bit different than no contest. At most, improper driving will result in a $500 fine and three points on your license. For this reason, you should always speak carefully with officers during traffic stops. When a judge is evaluating the appropriate sentence for your conviction, he or she will consider prior reckless driving convictions, your driving record or DMV point rating, whether or not your actions caused injury, and your demeanor with the officer and the court. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. It will tell you the date, time, and location of your hearing. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. One is to get your speedometer calibrated at a Virginia auto shop. So, what to do? This video explains a little about the different plea options and how we decide together what you should plead. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. You were driving unsafely, or at an unsafe speed. Finally, if you do choose to argue that your speedometer or another mechanical element failed, make sure to calibrate or fix the device before your court date. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Jayson Werth of Washington Nationals pleads guilty to reckless driving Initiating the process is quite simple. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. GET DIRECTIONS. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. There are several ways to avoid reckless driving charges in Virginia. This is unbelievable, you think to yourself. This can help show the judge that youre taking steps to fix the problem. 11815 Fountain Way, Suite 300 You only have 10 days to file the paperwork with your local Circuit Court. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. How Much Does a Virginia Reckless Driving Lawyer Cost? This is important because some judges have policies that concern what, if any, mercy they will grant an otherwise guilty traffic defendant based on how they plead. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Reckless driving is a Class 1 misdemeanor in Virginia. A common situation where the prosecutor may offer a wet reckless plea is where your blood alcohol level (BAC) was only slightly above the legal limit of .08%. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. Even if you are guilty of this crime, you may have strong defenses that can result in the charges being dismissed or reduced to a less serious offense. Some judges, for example, will not dismiss or reduce a reckless driving charge to a lesser offense against a defendant who pleads not guilty and then asks the court for leniency after the judge finds that the facts established at trial support a conviction. For example, if a reckless driving conviction puts you over eight points in one year, or twelve points within two years, you will lose your license. In some states, certain acts are automatically considered reckless, such as: By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. In Virginia, drivers can plead . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. The penalties aren't as severe as in a DUI in Virginia. However, you can appeal the outcome of your case and receive a new trial with a different judge. In general, you should expect to pay around $350-$500. What are the Consequences of a Reckless Driving Conviction? Pleading a wet and reckless driving charge may only be available for first-time offenders. How Should I Plead In My Traffic Case? - Andrew Flusche Pleading No Contest in Virginia Is the Same as Pleading Guilty This could have a negative impact on future prospects, including employment. Second, discuss with your attorney whether you should take a driver education or driver improvement course. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. It typically has the same effect as a guilty plea. Furthermore, a reckless driving charge can come with a fine of up to $2,500, up to a year in jail, a license suspension for up to six months, and an increase in car insurance fees. Contactme today to discuss your cases facts to determine the best option for you! Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Defenses to reckless driving charges may include: Mitigating factors which may allow for a reduced sentence or reduced charge include: The Virginia reckless driving laws include some specific circumstances that can be used to argue for dismissal or reduction of the charge. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. License suspension is mandatory for a . However, the law was repealed a year later, and this is no longer a potential consequence. FAIRFAX, Va. -- Washington Nationals outfielder Jayson Werth has pleaded guilty to reckless driving and has been sentenced to five days in jail for driving 105 mph on the Capital Beltway. He hears from the driver of the other vehicle. Reckless driving carries many of the same consequences of any misdemeanor criminal offense, including the possibility of jail time and a criminal record that is both permanent and publicly available. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. It doesnt take too much of an imagination to see yourself involved in a relatively minor accident at a traffic light on your way home from work. If convicted, youll usually receive a relatively large fine. Showing the court evidence of this may also help your case. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Because if they cant prove an element, or if there is a question of whether or not they can maybe one is a little sketchy on their end- then we would definitely want to plead not guilty. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Testimonials & Reviews: Our Clients Words. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. In Virginia, this is more typically called a no contest plea. This is one very good reason to speak with an attorney early in your case, as they know how to maneuver your case towards this outcome. Therefore, even if you do not get jail or a large fine, you will still end up with a criminal record, which can affect many areas of your life including immigration status, security clearance, and background checks for employment. FREE Virginia DUI/DWI Arrest Survival Guide! And this same decision process is just as important, if not more important, when dealing with other traffic offenses such as DUI/DWI or Hit & Run. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. You understand that if you fail to attend your court hearing, you could be arrested. The other choice of plea would be no contest. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. Typically most wet reckless driving charges result in the following: For this reason, many people charged with DUI often seek out the possibility of reducing their charge to a wet reckless. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. This lets you avoid criminal charges altogether in exchange for a much lower punishment, such as a small fine, community service, and/or mandatory driving classes. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. You always look for a way to help your clients. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. You will be given a court date, and it is extremely important that you appear when you are supposed to. Conviction of felony reckless driving causing death results in a license suspension of 1 to 3 years as well as a prison sentence of up to 20 years. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. However, Virginia will report the offense and any imposed suspension or points to your home state. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. While reckless driving is a class 1 misdemeanor, aggressive driving is a class 2 misdemeanor; however, aggressive driving with the intent to injure another person is charged as a class 1 misdemeanor. . Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. Newport News, VA 23606* While fines and jail time are direct consequences of a criminal conviction, having a crime on your record can negatively impact your life in other ways. Phone: (757) 656-1000, Virginia Beach In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. . This can be used against you in civil court. Instead, the maximum penalty for speeding is usually only a $250 fine. Then we would say no contest because thats saying weve seen the evidence, and were admitting that they have the evidence to prove the charge theyve levied. You can protect your future by talking with an experienced Virginia criminal defense lawyer before pleading guilty or accepting a plea offered by the prosecutor. Contact us to see what we can do for you. However, the easiest is to simply avoid driving over 80 miles per hour. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. Second, you should look into taking driver improvement courses prior to your trial. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. This is an informal hearing commonly known as arraignment. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. What Happens if You Get a Speeding Ticket in Virginia? Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. We are Virginia traffic attorneys who have represented hundreds of client in Northern Virginia for cases involving reckless driving, speeding, DUI/DWI, refusal, hit-and-run, driving on a suspended license, and driving on a revoked license. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). Fill out the form below and well be in touch within 1 business day! There are 5 general ways to receive DUI charges in Virginia, all of which will result in the loss of your license, fines, and possibly even jail time. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. The 10 day timeline includes weekends and holidays. 888-DUI-LWYR | 703-361-6100. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? This means that unfortunately you cannot show up at the court date in a County like Fairfax and try to negotiate the charge with the prosecutor. Youre left stunned. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. However, a reckless driving ticket isnt the end of the world. Reckless Driving VA | Reckless Driving First Offense Attorneys VA Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. All parties who plead guilty to a wet and reckless driving charge work with the prosecuting attorney to determine the terms of your guilty plea. Your appearance is necessary in court on the date listed on your ticket unless other arrangements are made between you and your Virginia reckless driving attorney. Initiating the process is quite simple. If we can't help, we'll do our best to connect you with someone who can. Your home states laws will determine whether any offense will apply to your driving record there. This is especially true for repeat offenders. What To Expect From a Virginia Speeding Case in Court? 3437 W. Cary St. Richmond, VA 23221 How do I plead? you think to yourself. What is a standard custody agreement in Virginia? And in many Northern Virginia jurisdictions (like Fairfax County), the commonwealths attorney (the prosecutor) will not speak with a client who is not represented by counsel. Anyone may represent himself or herself in any criminal case, but it is not generally advised. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. However, if your Virginia traffic attorney is able to get the charge reduced, the reduced charge may remain on your record for a shorter period of time. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. A person can be charged with reckless driving if he is driving 20 miles per hour over . Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . You are not pleading guilty to reckless driving by signing the summons. In Virginia, you have the automatic right to appeal any finding by the general district court. One other thing to note as an out-of-state driver is that your states DMV might place a different point total on your license than what would normally be assigned in Virginia. I plead not guilty, your honor, you stammer. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. Hello, Im Andrew Flusche. Pleading to less serious charges. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. You cannot simply mail in the ticket. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. The officer testifies that he did not see any tire marks to indicate braking, which led him to believe that you were distracted and did not brake before impacting the other vehicle. Saying NO to Breath Test COULD Incriminate You, YouTube Video VVVTNGFLNEstSzZfTzZHaGJlM2Izbm53LmtzWkluSGtoSjlr, Fighting No Insurance Tickets in Virginia, Talk to a Virginia Traffic Attorney BEFORE Going to Court. Mar 2, 2023 Education. When you plead guilty, you are agreeing to a criminal recordfor life. While there are hundreds of collateral consequences for criminal convictions in Virginia, there are a few common ones you should look out for in relation to a reckless driving charge.